[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 3591 Reported in Senate (RS)]
<DOC>
Calendar No. 320
117th CONGRESS
2d Session
S. 3591
To strengthen the bilateral partnership between the United States and
Ecuador in support of democratic institutions and rule of law,
sustainable and inclusive economic growth, and conservation.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
February 7 (legislative day, February 3), 2022
Mr. Menendez (for himself, Mr. Risch, Mr. Kaine, Mr. Rubio, Mr.
Cassidy, Mr. Coons, and Mr. Cardin) introduced the following bill;
which was read twice and referred to the Committee on Foreign Relations
April 4 (legislative day, March 31), 2022
Reported by Mr. Menendez, with an amendment
[Strike out all after the enacting clause and insert the part printed
in italic]
_______________________________________________________________________
A BILL
To strengthen the bilateral partnership between the United States and
Ecuador in support of democratic institutions and rule of law,
sustainable and inclusive economic growth, and conservation.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
<DELETED>SECTION 1. SHORT TITLE; TABLE OF CONTENTS.</DELETED>
<DELETED> (a) Short Title.--This Act may be cited as the ``United
States-Ecuador Partnership Act of 2022''.</DELETED>
<DELETED> (b) Table of Contents.--The table of contents for this Act
is as follows:</DELETED>
<DELETED>Sec. 1. Short title; table of contents.
<DELETED>Sec. 2. Findings.
<DELETED>Sec. 3. Sense of Congress.
<DELETED>Sec. 4. Facilitating economic and commercial ties.
<DELETED>Sec. 5. Promoting inclusive economic development.
<DELETED>Sec. 6. Combating illicit economies, corruption, and negative
foreign influence.
<DELETED>Sec. 7. Strengthening democratic governance.
<DELETED>Sec. 8. Fostering conservation and stewardship.
<DELETED>Sec. 9. Reporting requirements.
<DELETED>Sec. 10. Sunset.
<DELETED>SEC. 2. FINDINGS.</DELETED>
<DELETED> (a) Findings.--Congress makes the following
findings:</DELETED>
<DELETED> (1) The United States and Ecuador have a history
of bilateral cooperation grounded in mutual respect, shared
democratic values, and mutual security interests.</DELETED>
<DELETED> (2) On February 7, 2021, and April 11, 2021,
Ecuador held democratic elections that included parties from
across the political spectrum, paving the way for continued
progress towards strengthening democratic
institutions.</DELETED>
<DELETED> (3) The United States and Ecuador share strategic
interests in strengthening Ecuador's democratic institutions,
generating inclusive economic growth, and building capacity in
law enforcement, anti-corruption, and conservation
efforts.</DELETED>
<DELETED> (4) The United States and Ecuador historically
have enjoyed strong commercial, investment, and economic ties,
yet Ecuador continues to face significant challenges to
inclusive economic development, including--</DELETED>
<DELETED> (A) the heavy economic toll of the COVID-
19 pandemic;</DELETED>
<DELETED> (B) vulnerabilities with respect to the
growing role of the People's Republic of China in the
financing and refinancing of Ecuador's debts, and in
strategic infrastructure projects and sectors of the
Ecuadorian economy; and</DELETED>
<DELETED> (C) the need to develop and strengthen
open and transparent economic policies that strengthen
Ecuador's integration with global markets, inclusive
economic growth, and opportunities for upward social
mobility for the Ecuadorian people.</DELETED>
<DELETED> (5) Since its establishment in December 2019, the
United States Development Finance Corporation has provided more
than $440,000,000 in financing to Ecuador.</DELETED>
<DELETED> (6) Ecuador's justice system has taken important
steps to fight corruption and criminality and to increase
accountability. However, enduring challenges to the rule of law
in Ecuador, including the activities of transnational criminal
organizations, illicit mining, illegal, unreported, and
unregulated (IUU) fishing, and undemocratic actors, present
ongoing risks for political and social stability in
Ecuador.</DELETED>
<DELETED> (7) The activities undertaken by the Government of
the People's Republic of China in Ecuador, including its
development of the ECU-911 video surveillance and facial
recognition system, financing of the corruptly managed and
environmentally deleterious Coca Codo Sinclair Dam, and support
for illegal, unreported, and unregulated fishing practices
around the Galapagos Islands, pose risks to democratic
governance and biodiversity in the country.</DELETED>
<DELETED> (8) Ecuador, which is home to several of the
Earth's most biodiverse ecosystems, including the Galapagos
Islands, the headwaters of the Amazon river, the Condor
mountain range, and the Yasuni Biosphere Reserve, has seen a
reduction in its rainforests between 1990 and 2016, due in part
to the incursion of criminal networks into protected
areas.</DELETED>
<DELETED> (9) On March 24, 2021, the Senate unanimously
approved Senate Resolution 22 (117th Congress), reaffirming the
partnership between the United States and the Republic of
Ecuador, and recognizing the restoration and advancement of
economic relations, security, and development opportunities in
both nations.</DELETED>
<DELETED> (10) On August 13, 2021, the United States and
Ecuador celebrated the entry into force of the Protocol to the
Trade and Investment Council Agreement between the Government
of the United States of America and the Government of the
Republic of Ecuador Relating to Trade Rules and Transparency,
recognizing the steps Ecuador has taken to decrease unnecessary
regulatory burden and create a more transparent and predictable
legal framework for foreign direct investment in recent
years.</DELETED>
<DELETED>SEC. 3. SENSE OF CONGRESS.</DELETED>
<DELETED> It is the sense of Congress that--</DELETED>
<DELETED> (1) the United States should take additional steps
to strengthen its bilateral partnership with Ecuador, including
by developing robust trade and investment frameworks,
increasing law enforcement cooperation, renewing the activities
of the United States Agency for International Development in
Ecuador, and supporting Ecuador's response to and recovery from
the COVID-19 pandemic, as necessary and appropriate;
and</DELETED>
<DELETED> (2) strengthening the United States-Ecuador
partnership presents an opportunity to advance core United
States national security interests and work with other
democratic partners to maintain a prosperous, politically
stable, and democratic Western Hemisphere that is resilient to
malign foreign influence.</DELETED>
<DELETED>SEC. 4. FACILITATING ECONOMIC AND COMMERCIAL TIES.</DELETED>
<DELETED> The Secretary of State, in coordination with the Secretary
of Commerce, the United States Trade Representative, the Secretary of
the Treasury, and the heads of other relevant Federal departments and
agencies, as appropriate, shall develop and implement a strategy to
strengthen commercial and economic ties between the United States and
Ecuador by--</DELETED>
<DELETED> (1) promoting cooperation and information sharing
to encourage awareness of and increase trade and investment
opportunities between the United States and Ecuador;</DELETED>
<DELETED> (2) supporting efforts by the Government of
Ecuador to promote a more open, transparent, and competitive
business environment, including by lowering trade barriers,
implementing policies to reduce trading times, and improving
efficiencies to expedite customs operations for importers and
exporters of all sizes, in all sectors, and at all entry ports
in Ecuador;</DELETED>
<DELETED> (3) establishing frameworks or mechanisms to
review the long-term financial sustainability and security
implications of foreign investments in Ecuador in strategic
sectors or services;</DELETED>
<DELETED> (4) establishing competitive and transparent
infrastructure project selection and procurement processes in
Ecuador that promote transparency, open competition, financial
sustainability, and robust adherence to global standards and
norms;</DELETED>
<DELETED> (5) developing programs to help the Government of
Ecuador improve efficiency and transparency in customs
administration, including through support for the Government of
Ecuador's ongoing efforts to digitize its customs process and
accept electronic documents required for the import, export,
and transit of goods under specific international standards, as
well as related training to expedite customs, security,
efficiency, and competitiveness;</DELETED>
<DELETED> (6) spurring digital transformation that would
advance--</DELETED>
<DELETED> (A) the provision of digitized government
services with the greatest potential to improve
transparency, lower business costs, and expand
citizens' access to public services and public
information;</DELETED>
<DELETED> (B) the provision of transparent and
affordable access to the internet and digital
infrastructure; and</DELETED>
<DELETED> (C) best practices to mitigate the risks
to digital infrastructure by doing business with
communication networks and communications supply chains
with equipment and services from companies with close
ties to or susceptible to pressure from governments or
security services without reliable legal checks on
governmental powers; and</DELETED>
<DELETED> (7) identifying, as appropriate, a role for the
United States International Development Finance Corporation,
the Millennium Challenge Corporation, the United States Agency
for International Development, and the United States private
sector in supporting efforts to increase private sector
investment and strengthen economic prosperity.</DELETED>
<DELETED>SEC. 5. PROMOTING INCLUSIVE ECONOMIC DEVELOPMENT.</DELETED>
<DELETED> The Administrator of the United States Agency for
International Development, in coordination with the Secretary of State
and the heads of other relevant Federal departments and agencies, as
appropriate, shall develop and implement a strategy and related
programs to support inclusive economic development across Ecuador's
national territory by--</DELETED>
<DELETED> (1) facilitating increased access to public and
private financing, equity investments, grants, and market
analysis for small and medium-sized businesses;</DELETED>
<DELETED> (2) providing technical assistance to local
governments to formulate and enact local development plans that
invest in Indigenous and Afro-Ecuadorian communities;</DELETED>
<DELETED> (3) connecting rural agricultural networks,
including Indigenous and Afro-Ecuadorian agricultural networks,
to consumers in urban centers and export markets, including
through infrastructure construction and maintenance programs
that are subject to audits and carefully designed to minimize
potential environmental harm;</DELETED>
<DELETED> (4) partnering with local governments, the private
sector, and local civil society organizations, including
organizations representing marginalized communities and faith-
based organizations, to provide skills training and investment
in support of initiatives that provide economically viable,
legal alternatives to participating in illegal economies;
and</DELETED>
<DELETED> (5) connecting small scale fishing enterprises to
consumers and export markets, in order to reduce vulnerability
to organized criminal networks.</DELETED>
<DELETED>SEC. 6. COMBATING ILLICIT ECONOMIES, CORRUPTION, AND NEGATIVE
FOREIGN INFLUENCE.</DELETED>
<DELETED> The Secretary of State shall develop and implement a
strategy and related programs to increase the capacity of Ecuador's
justice system and law enforcement authorities to combat illicit
economies, corruption, transnational criminal organizations, and the
harmful influence of malign foreign and domestic actors by--</DELETED>
<DELETED> (1) providing technical assistance and support to
specialized units within the Attorney General's office to
combat corruption and to promote and protect internationally
recognized human rights in Ecuador, including the Transparency
and Anti-Corruption Unit, the Anti-Money Laundering Unit, the
Task Force to Combat Corruption in Central America, and the
Environmental Crimes Unit;</DELETED>
<DELETED> (2) strengthening bilateral assistance and
complementary support through multilateral anti-corruption
mechanisms, as necessary and appropriate, to counter corruption
and recover assets derived from corruption, including through
strengthening independent inspectors general to track and
reduce corruption;</DELETED>
<DELETED> (3) improving the technical capacity of
prosecutors and financial institutions in Ecuador to combat
corruption by--</DELETED>
<DELETED> (A) detecting and investigating suspicious
financial transactions, and conducting asset
forfeitures and criminal analysis; and</DELETED>
<DELETED> (B) combating money laundering, financial
crimes, and extortion;</DELETED>
<DELETED> (4) providing technical assistance and material
support (including, as appropriate, radars, vessels, and
communications equipment) to vetted specialized units of
Ecuador's national police and the armed services to disrupt,
degrade, and dismantle organizations involved in illicit
narcotics trafficking, transnational criminal activities,
illicit mining, and illegal, unregulated, and unreported
fishing, among other illicit activities;</DELETED>
<DELETED> (5) providing technical assistance to address
challenges related to Ecuador's penitentiary and corrections
system;</DELETED>
<DELETED> (6) strengthening the regulatory framework of
mining through collaboration with key Ecuadorian institutions,
such as the Interior Ministry's Special Commission for the
Control of Illegal Mining and the National Police's
Investigative Unit on Mining Crimes, and providing technical
assistance in support of their law enforcement
activities;</DELETED>
<DELETED> (7) providing technical assistance to judges,
prosecutors, and ombudsmen to increase capacity to enforce laws
against human smuggling and trafficking, illicit mining,
illegal logging, illegal, unregulated, and unreported (IUU)
fishing, and other illicit economic activities;</DELETED>
<DELETED> (8) providing support to the Government of Ecuador
to prevent illegal, unreported, and unregulated fishing,
including through expanding detection and response
capabilities, and the use of dark vessel tracing
technology;</DELETED>
<DELETED> (9) supporting multilateral efforts to stem
illegal, unreported, and unregulated fishing with neighboring
countries in South America and within the South Pacific
Regional Fisheries Management Organisation;</DELETED>
<DELETED> (10) assisting the Government of Ecuador's efforts
to protect defenders of internationally recognized human
rights, including through the work of the Office of the
Ombudsman of Ecuador, and by encouraging the inclusion of
Indigenous and Afro-Ecuadorian communities and civil society
organizations in this process;</DELETED>
<DELETED> (11) supporting efforts to improve transparency,
uphold accountability, and build capacity within the Office of
the Comptroller General;</DELETED>
<DELETED> (12) enhancing the institutional capacity and
technical capabilities of defense and security institutions of
Ecuador to conduct national or regional security missions,
including through regular bilateral and multilateral
cooperation, foreign military financing, international military
education, and training programs, consistent with applicable
Ecuadorian laws and regulations;</DELETED>
<DELETED> (13) enhancing port management and maritime
security partnerships to disrupt, degrade, and dismantle
transnational criminal networks and facilitate the legitimate
flow of people, goods, and services; and</DELETED>
<DELETED> (14) strengthening cybersecurity cooperation--
</DELETED>
<DELETED> (A) to effectively respond to
cybersecurity threats, including state-sponsored
threats;</DELETED>
<DELETED> (B) to share best practices to combat such
threats;</DELETED>
<DELETED> (C) to help develop and implement
information architectures that respect individual
privacy rights and reduce the risk that data collected
through such systems will be exploited by malign state
and non-state actors;</DELETED>
<DELETED> (D) to strengthen resilience against
cyberattacks, misinformation, and propaganda;
and</DELETED>
<DELETED> (E) to strengthen the resilience of
critical infrastructure.</DELETED>
<DELETED>SEC. 7. STRENGTHENING DEMOCRATIC GOVERNANCE.</DELETED>
<DELETED> (a) Strengthening Democratic Governance.--The Secretary of
State, in coordination with the Administrator of the United States
Agency for International Development, should develop and implement
initiatives to strengthen democratic governance in Ecuador by
supporting--</DELETED>
<DELETED> (1) measures to improve the capacity of national
and subnational government institutions to govern through
transparent, inclusive, and democratic processes;</DELETED>
<DELETED> (2) efforts that measurably enhance the capacity
of political actors and parties to strengthen democratic
institutions and the rule of law;</DELETED>
<DELETED> (3) initiatives to strengthen democratic
governance, including combating political, administrative, and
judicial corruption and improving transparency of the
administration of public budgets; and</DELETED>
<DELETED> (4) the efforts of civil society organizations and
independent media--</DELETED>
<DELETED> (A) to conduct oversight of the Government
of Ecuador and the National Assembly of
Ecuador;</DELETED>
<DELETED> (B) to promote initiatives that strengthen
democratic governance, anti-corruption standards, and
public and private sector transparency; and</DELETED>
<DELETED> (C) to foster political engagement between
the Government of Ecuador, including the National
Assembly of Ecuador, and all parts of Ecuadorian
society, including women, indigenous communities, and
Afro-Ecuadorian communities.</DELETED>
<DELETED> (b) Legislative Strengthening.--The Administrator of the
United States Agency for International Development, working through the
Consortium for Elections and Political Process Strengthening or any
equivalent or successor mechanism, shall develop and implement programs
to strengthen the National Assembly of Ecuador by providing training
and technical assistance to--</DELETED>
<DELETED> (1) members and committee offices of the National
Assembly of Ecuador, including the Ethics Committee and Audit
Committee;</DELETED>
<DELETED> (2) assist in the creation of entities that can
offer comprehensive and independent research and analysis on
legislative and oversight matters pending before the National
Assembly, including budgetary and economic issues;
and</DELETED>
<DELETED> (3) improve democratic governance and government
transparency, including through effective
legislation.</DELETED>
<DELETED> (c) Bilateral Legislative Cooperation.--To the degree
practicable, in implementing the programs required under subsection
(b), the Administrator of the United States Agency for International
Development should facilitate meetings and collaboration between
members of the United States Congress and the National Assembly of
Ecuador.</DELETED>
<DELETED>SEC. 8. FOSTERING CONSERVATION AND STEWARDSHIP.</DELETED>
<DELETED> The Administrator of the United States Agency for
International Development, in coordination with the Secretary of State
and the heads of other relevant Federal departments and agencies, shall
develop and implement programs and enhance existing programs, as
necessary and appropriate, to improve ecosystem conservation and
enhance the effective stewardship of Ecuador's natural resources by--
</DELETED>
<DELETED> (1) providing technical assistance to Ecuador's
Ministry of the Environment to safeguard national parks and
protected forests and protected species, while promoting the
participation of Indigenous communities in this
process;</DELETED>
<DELETED> (2) strengthening the capacity of communities to
access the right to prior consultation, encoded in Article 57
of the Constitution of Ecuador and related laws, executive
decrees, administrative acts, and ministerial
regulations;</DELETED>
<DELETED> (3) supporting Indigenous and Afro-Ecuadorian
communities as they raise awareness of threats to biodiverse
ancestral lands, including through support for local media in
such communities and technical assistance to monitor illicit
activities;</DELETED>
<DELETED> (4) partnering with the Government of Ecuador in
support of reforestation and improving river, lake, and coastal
water quality;</DELETED>
<DELETED> (5) providing assistance to communities affected
by illegal mining and deforestation; and</DELETED>
<DELETED> (6) fostering mechanisms for cooperation on
emergency preparedness and rapid recovery from natural
disasters, including by--</DELETED>
<DELETED> (A) establishing regional preparedness,
recovery, and emergency management centers to
facilitate rapid response to survey and help maintain
planning on regional disaster anticipated needs and
possible resources; and</DELETED>
<DELETED> (B) training disaster recovery officials
on latest techniques and lessons learned from United
States experiences.</DELETED>
<DELETED>SEC. 9. REPORTING REQUIREMENTS.</DELETED>
<DELETED> (a) Secretary of State.--The Secretary of State, in
coordination with the heads of other relevant Federal departments and
agencies as described in sections 4, 6, and 7(a), shall--</DELETED>
<DELETED> (1) not later than 180 days after the date of the
enactment of this Act, submit to the appropriate congressional
committees a comprehensive strategy to address the requirements
described in sections 4, 6, and 7(a); and</DELETED>
<DELETED> (2) not later than 2 years and 4 years after
submitting the comprehensive strategy under paragraph (1),
submit to the appropriate congressional committees a report
describing the implementation of the strategy.</DELETED>
<DELETED> (b) Administrator of the United States Agency for
International Development.--The Administrator of the United States
Agency for International Development, in coordination with the heads of
other relevant Federal departments and agencies as described in
sections 5, 7(b), and 8, shall--</DELETED>
<DELETED> (1) not later than 180 days after the date of the
enactment of this Act, submit to the appropriate congressional
committees a comprehensive strategy to address the requirements
described in sections 4, 7(b), and 8; and</DELETED>
<DELETED> (2) not later than 2 years and 4 years after
submitting the comprehensive strategy under paragraph (1),
submit to the appropriate congressional committees a report
describing the implementation of the strategy.</DELETED>
<DELETED> (c) Submission.--The strategies and reports required under
subsections (a) and (b) may be submitted to the appropriate
congressional committees as joint strategies and reports.</DELETED>
<DELETED> (d) Appropriate Congressional Committees.--In this Act,
the term ``appropriate congressional committees'' means the Committee
on Foreign Relations of the Senate and the Committee on Foreign Affairs
of the House of Representatives.</DELETED>
<DELETED>SEC. 10. SUNSET.</DELETED>
<DELETED> This Act shall terminate on the date that is 5 years after
the date of the enactment of this Act.</DELETED>
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``United States-
Ecuador Partnership Act of 2022''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Findings.
Sec. 3. Sense of Congress.
Sec. 4. Facilitating economic and commercial ties.
Sec. 5. Promoting inclusive economic development.
Sec. 6. Combating illicit economies, corruption, and negative foreign
influence.
Sec. 7. Strengthening democratic governance.
Sec. 8. Fostering conservation and stewardship.
Sec. 9. Authorization to transfer excess Coast Guard vessels.
Sec. 10. Reporting requirements.
Sec. 11. Sunset.
SEC. 2. FINDINGS.
(a) Findings.--Congress makes the following findings:
(1) The United States and Ecuador have a history of
bilateral cooperation grounded in mutual respect, shared
democratic values, and mutual security interests.
(2) On February 7, 2021, and April 11, 2021, Ecuador held
democratic elections that included parties from across the
political spectrum, paving the way for continued progress
towards strengthening democratic institutions.
(3) The United States and Ecuador share strategic interests
in strengthening Ecuador's democratic institutions, generating
inclusive economic growth, and building capacity in law
enforcement, anti-corruption, and conservation efforts.
(4) The United States and Ecuador historically have enjoyed
strong commercial, investment, and economic ties, yet Ecuador
continues to face significant challenges to inclusive economic
development, including--
(A) the heavy economic toll of the COVID-19
pandemic;
(B) vulnerabilities with respect to the growing
role of the People's Republic of China in the financing
and refinancing of Ecuador's debts, and in strategic
infrastructure projects and sectors of the Ecuadorian
economy; and
(C) the need to develop and strengthen open and
transparent economic policies that strengthen Ecuador's
integration with global markets, inclusive economic
growth, and opportunities for upward social mobility
for the Ecuadorian people.
(5) Since its establishment in December 2019, the United
States Development Finance Corporation has provided more than
$440,000,000 in financing to Ecuador.
(6) Ecuador's justice system has taken important steps to
fight corruption and criminality and to increase
accountability. However, enduring challenges to the rule of law
in Ecuador, including the activities of transnational criminal
organizations, illicit mining, illegal, unreported, and
unregulated (IUU) fishing, and undemocratic actors, present
ongoing risks for political and social stability in Ecuador.
(7) The activities undertaken by the Government of the
People's Republic of China in Ecuador, including its
development of the ECU-911 video surveillance and facial
recognition system, financing of the corruptly managed and
environmentally deleterious Coca Codo Sinclair Dam, and support
for illegal, unreported, and unregulated fishing practices
around the Galapagos Islands, pose risks to democratic
governance and biodiversity in the country.
(8) Ecuador, which is home to several of the Earth's most
biodiverse ecosystems, including the Galapagos Islands, the
headwaters of the Amazon river, the Condor mountain range, and
the Yasuni Biosphere Reserve, has seen a reduction in its
rainforests between 1990 and 2016, due in part to the incursion
of criminal networks into protected areas.
(9) On March 24, 2021, the Senate unanimously approved
Senate Resolution 22 (117th Congress), reaffirming the
partnership between the United States and the Republic of
Ecuador, and recognizing the restoration and advancement of
economic relations, security, and development opportunities in
both nations.
(10) On August 13, 2021, the United States and Ecuador
celebrated the entry into force of the Protocol to the Trade
and Investment Council Agreement between the Government of the
United States of America and the Government of the Republic of
Ecuador Relating to Trade Rules and Transparency, recognizing
the steps Ecuador has taken to decrease unnecessary regulatory
burden and create a more transparent and predictable legal
framework for foreign direct investment in recent years.
SEC. 3. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) the United States should take additional steps to
strengthen its bilateral partnership with Ecuador, including by
developing robust trade and investment frameworks, increasing
law enforcement cooperation, renewing the activities of the
United States Agency for International Development in Ecuador,
and supporting Ecuador's response to and recovery from the
COVID-19 pandemic, as necessary and appropriate; and
(2) strengthening the United States-Ecuador partnership
presents an opportunity to advance core United States national
security interests and work with other democratic partners to
maintain a prosperous, politically stable, and democratic
Western Hemisphere that is resilient to malign foreign
influence.
SEC. 4. FACILITATING ECONOMIC AND COMMERCIAL TIES.
The Secretary of State, in coordination with the Secretary of
Commerce, the United States Trade Representative, the Secretary of the
Treasury, and the heads of other relevant Federal departments and
agencies, as appropriate, shall develop and implement a strategy to
strengthen commercial and economic ties between the United States and
Ecuador by--
(1) promoting cooperation and information sharing to
encourage awareness of and increase trade and investment
opportunities between the United States and Ecuador;
(2) supporting efforts by the Government of Ecuador to
promote a more open, transparent, and competitive business
environment, including by lowering trade barriers, implementing
policies to reduce trading times, and improving efficiencies to
expedite customs operations for importers and exporters of all
sizes, in all sectors, and at all entry ports in Ecuador;
(3) establishing frameworks or mechanisms to review the
long term financial sustainability and security implications of
foreign investments in Ecuador in strategic sectors or
services;
(4) establishing competitive and transparent infrastructure
project selection and procurement processes in Ecuador that
promote transparency, open competition, financial
sustainability, and robust adherence to global standards and
norms;
(5) developing programs to help the Government of Ecuador
improve efficiency and transparency in customs administration,
including through support for the Government of Ecuador's
ongoing efforts to digitize its customs process and accept
electronic documents required for the import, export, and
transit of goods under specific international standards, as
well as related training to expedite customs, security,
efficiency, and competitiveness;
(6) spurring digital transformation that would advance--
(A) the provision of digitized government services
with the greatest potential to improve transparency,
lower business costs, and expand citizens' access to
public services and public information;
(B) the provision of transparent and affordable
access to the internet and digital infrastructure; and
(C) best practices to mitigate the risks to digital
infrastructure by doing business with communication
networks and communications supply chains with
equipment and services from companies with close ties
to or susceptible to pressure from governments or
security services without reliable legal checks on
governmental powers; and
(7) identifying, as appropriate, a role for the United
States International Development Finance Corporation, the
Millennium Challenge Corporation, the United States Agency for
International Development, and the United States private sector
in supporting efforts to increase private sector investment and
strengthen economic prosperity.
SEC. 5. PROMOTING INCLUSIVE ECONOMIC DEVELOPMENT.
The Administrator of the United States Agency for International
Development, in coordination with the Secretary of State and the heads
of other relevant Federal departments and agencies, as appropriate,
shall develop and implement a strategy and related programs to support
inclusive economic development across Ecuador's national territory by--
(1) facilitating increased access to public and private
financing, equity investments, grants, and market analysis for
small and medium-sized businesses;
(2) providing technical assistance to local governments to
formulate and enact local development plans that invest in
Indigenous and Afro-Ecuadorian communities;
(3) connecting rural agricultural networks, including
Indigenous and Afro-Ecuadorian agricultural networks, to
consumers in urban centers and export markets, including
through infrastructure construction and maintenance programs
that are subject to audits and carefully designed to minimize
potential environmental harm;
(4) partnering with local governments, the private sector,
and local civil society organizations, including organizations
representing marginalized communities and faith-based
organizations, to provide skills training and investment in
support of initiatives that provide economically viable, legal
alternatives to participating in illegal economies; and
(5) connecting small scale fishing enterprises to consumers
and export markets, in order to reduce vulnerability to
organized criminal networks.
SEC. 6. COMBATING ILLICIT ECONOMIES, CORRUPTION, AND NEGATIVE FOREIGN
INFLUENCE.
The Secretary of State shall develop and implement a strategy and
related programs to increase the capacity of Ecuador's justice system
and law enforcement authorities to combat illicit economies,
corruption, transnational criminal organizations, and the harmful
influence of malign foreign and domestic actors by--
(1) providing technical assistance and support to
specialized units within the Attorney General's office to
combat corruption and to promote and protect internationally
recognized human rights in Ecuador, including the Transparency
and Anti-Corruption Unit, the Anti-Money Laundering Unit, the
Task Force to Combat Corruption in Central America, and the
Environmental Crimes Unit;
(2) strengthening bilateral assistance and complementary
support through multilateral anti-corruption mechanisms, as
necessary and appropriate, to counter corruption and recover
assets derived from corruption, including through strengthening
independent inspectors general to track and reduce corruption;
(3) improving the technical capacity of prosecutors and
financial institutions in Ecuador to combat corruption by--
(A) detecting and investigating suspicious
financial transactions, and conducting asset
forfeitures and criminal analysis; and
(B) combating money laundering, financial crimes,
and extortion;
(4) providing technical assistance and material support
(including, as appropriate, radars, vessels, and communications
equipment) to vetted specialized units of Ecuador's national
police and the armed services to disrupt, degrade, and
dismantle organizations involved in illicit narcotics
trafficking, transnational criminal activities, illicit mining,
and illegal, unregulated, and unreported fishing, among other
illicit activities;
(5) providing technical assistance to address challenges
related to Ecuador's penitentiary and corrections system;
(6) strengthening the regulatory framework of mining
through collaboration with key Ecuadorian institutions, such as
the Interior Ministry's Special Commission for the Control of
Illegal Mining and the National Police's Investigative Unit on
Mining Crimes, and providing technical assistance in support of
their law enforcement activities;
(7) providing technical assistance to judges, prosecutors,
and ombudsmen to increase capacity to enforce laws against
human smuggling and trafficking, illicit mining, illegal
logging, illegal, unregulated, and unreported (IUU) fishing,
and other illicit economic activities;
(8) providing support to the Government of Ecuador to
prevent illegal, unreported, and unregulated fishing, including
through expanding detection and response capabilities, and the
use of dark vessel tracing technology;
(9) supporting multilateral efforts to stem illegal,
unreported, and unregulated fishing with neighboring countries
in South America and within the South Pacific Regional
Fisheries Management Organisation;
(10) assisting the Government of Ecuador's efforts to
protect defenders of internationally recognized human rights,
including through the work of the Office of the Ombudsman of
Ecuador, and by encouraging the inclusion of Indigenous and
Afro-Ecuadorian communities and civil society organizations in
this process;
(11) supporting efforts to improve transparency, uphold
accountability, and build capacity within the Office of the
Comptroller General;
(12) enhancing the institutional capacity and technical
capabilities of defense and security institutions of Ecuador to
conduct national or regional security missions, including
through regular bilateral and multilateral cooperation, foreign
military financing, international military education, and
training programs, consistent with applicable Ecuadorian laws
and regulations;
(13) enhancing port management and maritime security
partnerships to disrupt, degrade, and dismantle transnational
criminal networks and facilitate the legitimate flow of people,
goods, and services; and
(14) strengthening cybersecurity cooperation--
(A) to effectively respond to cybersecurity
threats, including state-sponsored threats;
(B) to share best practices to combat such threats;
(C) to help develop and implement information
architectures that respect individual privacy rights
and reduce the risk that data collected through such
systems will be exploited by malign state and non-state
actors;
(D) to strengthen resilience against cyberattacks,
misinformation, and propaganda; and
(E) to strengthen the resilience of critical
infrastructure.
SEC. 7. STRENGTHENING DEMOCRATIC GOVERNANCE.
(a) Strengthening Democratic Governance.--The Secretary of State,
in coordination with the Administrator of the United States Agency for
International Development, should develop and implement initiatives to
strengthen democratic governance in Ecuador by supporting--
(1) measures to improve the capacity of national and
subnational government institutions to govern through
transparent, inclusive, and democratic processes;
(2) efforts that measurably enhance the capacity of
political actors and parties to strengthen democratic
institutions and the rule of law;
(3) initiatives to strengthen democratic governance,
including combating political, administrative, and judicial
corruption and improving transparency of the administration of
public budgets; and
(4) the efforts of civil society organizations and
independent media--
(A) to conduct oversight of the Government of
Ecuador and the National Assembly of Ecuador;
(B) to promote initiatives that strengthen
democratic governance, anti-corruption standards, and
public and private sector transparency; and
(C) to foster political engagement between the
Government of Ecuador, including the National Assembly
of Ecuador, and all parts of Ecuadorian society,
including women, indigenous communities, and Afro-
Ecuadorian communities.
(b) Legislative Strengthening.--The Administrator of the United
States Agency for International Development, working through the
Consortium for Elections and Political Process Strengthening or any
equivalent or successor mechanism, shall develop and implement programs
to strengthen the National Assembly of Ecuador by providing training
and technical assistance to--
(1) members and committee offices of the National Assembly
of Ecuador, including the Ethics Committee and Audit Committee;
(2) assist in the creation of entities that can offer
comprehensive and independent research and analysis on
legislative and oversight matters pending before the National
Assembly, including budgetary and economic issues; and
(3) improve democratic governance and government
transparency, including through effective legislation.
(c) Bilateral Legislative Cooperation.--To the degree practicable,
in implementing the programs required under subsection (b), the
Administrator of the United States Agency for International Development
should facilitate meetings and collaboration between members of the
United States Congress and the National Assembly of Ecuador.
SEC. 8. FOSTERING CONSERVATION AND STEWARDSHIP.
The Administrator of the United States Agency for International
Development, in coordination with the Secretary of State and the heads
of other relevant Federal departments and agencies, shall develop and
implement programs and enhance existing programs, as necessary and
appropriate, to improve ecosystem conservation and enhance the
effective stewardship of Ecuador's natural resources by--
(1) providing technical assistance to Ecuador's Ministry of
the Environment to safeguard national parks and protected
forests and protected species, while promoting the
participation of Indigenous communities in this process;
(2) strengthening the capacity of communities to access the
right to prior consultation, encoded in Article 57 of the
Constitution of Ecuador and related laws, executive decrees,
administrative acts, and ministerial regulations;
(3) supporting Indigenous and Afro-Ecuadorian communities
as they raise awareness of threats to biodiverse ancestral
lands, including through support for local media in such
communities and technical assistance to monitor illicit
activities;
(4) partnering with the Government of Ecuador in support of
reforestation and improving river, lake, and coastal water
quality;
(5) providing assistance to communities affected by illegal
mining and deforestation; and
(6) fostering mechanisms for cooperation on emergency
preparedness and rapid recovery from natural disasters,
including by--
(A) establishing regional preparedness, recovery,
and emergency management centers to facilitate rapid
response to survey and help maintain planning on
regional disaster anticipated needs and possible
resources; and
(B) training disaster recovery officials on latest
techniques and lessons learned from United States
experiences.
SEC. 9. AUTHORIZATION TO TRANSFER EXCESS COAST GUARD VESSELS.
(a) Sense of Congress.--It is the sense of Congress that the United
States should undertake efforts to expand cooperation with the
Government of Ecuador to--
(1) ensure protections for the Galapagos Marine Reserve;
(2) deter illegal, unreported, and unregulated fishing; and
(3) increase interdiction of narcotics trafficking and
other forms of illicit trafficking.
(b) Authority to Transfer Excess Coast Guard Vessels to the
Government of Ecuador.--The President shall conduct a joint assessment
with the Government of Ecuador to ensure sufficient capacity exists to
maintain Island class cutters. Upon completion of a favorable
assessment, the President is authorized to transfer up to two ISLAND
class cutters to the Government of Ecuador as excess defense articles
pursuant to the authority of section 516 of the Foreign Assistance Act
(22 U.S.C. 2321j).
(c) Grants Not Counted in Annual Total of Transferred Excess
Defense Articles.--The value of a vessel transferred to another country
on a grant basis pursuant to authority provided by subsection (b) shall
not be counted against the aggregate value of excess defense articles
transferred in any fiscal year under section 516 of the Foreign
Assistance Act of 1961 (22 U.S.C. 2321j).
(d) Costs of Transfers.--Any expense incurred by the United States
in connection with a transfer authorized by this section shall be
charged to the recipient notwithstanding section 516(e) of the Foreign
Assistance Act of 1961 (22 U.S.C. 2321j(e)).
(e) Repair and Refurbishment in United States Shipyards.--To the
maximum extent practicable, the President shall require, as a condition
of the transfer of a vessel under this section, that the recipient to
which the vessel is transferred have such repair or refurbishment of
the vessel as is needed, before the vessel joins the naval forces of
that recipient, performed at a shipyard located in the United States.
(f) Expiration of Authority.--The authority to transfer a vessel
under this section shall expire at the end of the 3-year period
beginning on the date of the enactment of this Act.
SEC. 10. REPORTING REQUIREMENTS.
(a) Secretary of State.--The Secretary of State, in coordination
with the heads of other relevant Federal departments and agencies as
described in sections 4, 6, and 7(a), shall--
(1) not later than 180 days after the date of the enactment
of this Act, submit to the appropriate congressional committees
a comprehensive strategy to address the requirements described
in sections 4, 6, and 7(a); and
(2) not later than 2 years and 4 years after submitting the
comprehensive strategy under paragraph (1), submit to the
appropriate congressional committees a report describing the
implementation of the strategy.
(b) Administrator of the United States Agency for International
Development.--The Administrator of the United States Agency for
International Development, in coordination with the heads of other
relevant Federal departments and agencies as described in sections 5,
7(b), and 8, shall--
(1) not later than 180 days after the date of the enactment
of this Act, submit to appropriate congressional committees a
comprehensive strategy to address the requirements described in
sections 4, 7(b), and 8; and
(2) not later than 2 years and 4 years after submitting the
comprehensive strategy under paragraph (1), submit to the
appropriate congressional committees a report describing the
implementation of the strategy.
(c) Submission.--The strategies and reports required under
subsections (a) and (b) may be submitted to the appropriate
congressional committees as joint strategies and reports.
(d) Appropriate Congressional Committees.--In this act, the term
``appropriate congressional committees'' means the Committee on Foreign
Relations of the Senate and the Committee on Foreign Affairs of the
House of Representatives.
SEC. 11. SUNSET.
This Act shall terminate on the date that is 5 years after the date
of the enactment of this Act.
Calendar No. 320
117th CONGRESS
2d Session
S. 3591
_______________________________________________________________________
A BILL
To strengthen the bilateral partnership between the United States and
Ecuador in support of democratic institutions and rule of law,
sustainable and inclusive economic growth, and conservation.
_______________________________________________________________________
April 4 (legislative day, March 31), 2022
Reported with an amendment
United States-Ecuador Partnership Act of 2022
#3591 | S Congress #117
Policy Area: International Affairs
Subjects: Cardiovascular and respiratory healthCompetitiveness, trade promotion, trade deficitsComputer security and identity theftCongressional oversightCriminal investigation, prosecution, interrogationCustoms enforcementDigital mediaDisaster relief and insuranceEcologyEconomic developmentEcuadorEmergency medical services and trauma careForeign aid and international reliefForests, forestry, treesFraud offenses and financial crimesGovernment ethics and transparency, public corruptionHuman rightsInfectious and parasitic diseasesInfrastructure development
Last Action: Placed on Senate Legislative Calendar under General Orders. Calendar No. 320. (4/4/2022)
Bill Text Source: Congress.gov
Summary and Impacts
Original Text